Wiping Out Convictions Via Litigation Collusion

What does it take to wipe out a conviction? Normally, it takes reversal on appeal, a pardon from the governor (in most states) or president (for federal offenses), or a successful collateral attack on the conviction. In the latter, another court finds that the judgment was illegal.

Yesterday, the U.S. Court of Appeals for the Ninth Circuit summarily reversed a decision of the federal district court and directed it to nullify a conviction upheld by the California Supreme Court. This action was not because the conviction is unjust, not because it is illegal under current law, not because the case has been made for creating a new rule, but purely because the California Attorney General, as lawyer for the prison warden, switched sides and stopped defending the conviction, over the vehement objection of the San Bernardino District Attorney, who represented the People in the criminal case. What is going on here?

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News Scan

Court Limits Felon Voter Law:  In an advisory opinion released Thursday, the Florida Supreme Court confirmed that Amendment 4, passed by voters in 2018, limits which felons will be allowed to vote in state and federal elections.  News4 and the Associated Press report that the initiative grants some 1.4 million ex-felons in Florida who have completed “all terms of sentence” with voting rights.  The court held that the “all terms” requirement includes fees and court-ordered restitution, which must be paid before the ex-felon is authorized to vote.  The ACLU and the Marshall Project opposed the requirement because it discriminates against poor ex-felons who do not have the money to comply.   This requirement could significantly reduce the number ex-felon voters in the next election.

Misleading CA Crime Data

An ABC Los Angeles story on crime in Southern California and a report by the Public Policy Institute of California (PPIC) have found that overall crime is down in the Golden State, although there were some minor increases in some violent crimes, particularly, as ABC notes, among the homeless in Los Angeles.

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News Scan

SCOTUS Denies Stay for Texas Killer:  The U.S. Supreme Court has denied the last minute petition to delay tomorrow’s execution of John Steven Gardner.  Joseph Brown of CHNI News reports that Gardner’s claim that his trial attorneys were ineffective did not convince the court to grant him a stay.  Gardner was found guilty and sentenced to death for the 2005 murder of his third wife, who was divorcing him.  The 41-year-old victim died in a hospital two days after she was shot in the head.  On the day she was shot, she managed to call 911 and identify Gardner as the assailant before falling into a coma.  Gardner had previously served eight years in prison for shooting his first wife, who was 18 and pregnant at the time.  The attack caused a miscarriage and left her a paraplegic.  He was returned to prison for kidnapping his second wife when she attempted to leave him.  In each of the marriages the victims were subjected to repeated abuse.  UPDATE:  Gardner died yesterday, sixteen minutes after receiving a lethal injection.

 

An Algorithm to Predict Crime:   The Dallas Police Department is considering utilizing a risk terrain modeling algorithm developed by researchers at Rutgers University to identify neighborhoods where crime is most likely to occur.  Nic Garcia of the Dallas Morning News reports that the modeling  software looks at not only the level of crime in a particular area, but also the physical characteristics in the area, such as liquor stores, bus stops, street lighting and abandoned buildings, that invite criminal behavior.   Part of the effort to reduce crime in the areas identified by the  software will require changing the characteristics in the neighborhood that researchers conclude promote crime.  This might mean moving a bus stop, requiring security cameras at liquor stores and car washes, and boarding up abandoned buildings.  A similar effort in Atlantic City resulted in a 26% drop in violent crime and a 37% drop in robberies the first year.

 

News Scan

Dining Out In LA:   The decision to take your family to a patio restaurant in the Los Angeles beach community of Venice has probably been a bad idea for the last several years.  The beach communities in Southern California, and particularly Venice, have been awash with vagrants for quite some time.  But since California’s decade of compassionate reforms which have allowed thieves, addicts and the mentally ill to take over public spaces, many neighborhoods along the Pacific Coast Highway are no longer safe for law abiding people.

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News Scan

Border Agent’s Killer Gets Life:  One of the drug smugglers who participated in the 2010 murder of a federal Border Patrol agent was sentenced to life in prison by a federal judge Wednesday.  The Associated Press reports that Heraclio Osorio-Arellanes used a  military style assault rifle he obtained through then Attorney General Eric Holder’s “Operation Fast and Furious” to kill agent Brian Terry.  Terry and fellow agents were staking out a site popular with drug traffickers in Southern Arizona when they encountered a group of armed Hispanics.  Terry was shot and killed by one of the AK47 assault rifles the criminals were carrying.

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New York’s Bad Bail Reform Law

Barry Latzer has this article with the above title in the National Review, regarding the law noted in today’s News Scan.

2020 is going to be a very good year in New York State — for criminals. As of January 1, the state’s new criminal-justice reforms took effect, including a law that compels judges to free thousands of arrested defendants, many of whom have committed violent crimes or are serious flight risks. The goal is to reduce incarceration in jails, but the methods are arbitrary and put the public at risk.

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News Scan

Problems Emerge With NY Bail Reform:   A New York law which took effect on January 1, to eliminate cash bail for a long list of so-called low level crimes is already coming under fire.  NBC News reports that pressure is mounting in the state’s Democrat controlled legislature to change the new law to give judges the discretion to require bail for some arrestees.   Even Governor Cuomo, who promoted the law, is open to changing it after a New York Judge cited the new law to release a female anti-Semite, arrested for attacking three Jewish women, without bail.  The woman was arrested the next day when she punched a 35-year-old in the face.  Noah Adamitis of Clarion News reports that shortly after the law took effect a judge released a man arrested for bank robbery without bail.  Other crimes requiring the defendant to be released without bail include:  manslaughter, vehicular homicide, assault, criminal possession of a firearm,  promoting child pornography and failure to register as a sex offender among others.   Last year law enforcement leaders warned  legislators that the new law would require the release of criminals who should be held until trial, resulting in increased crime.